Need for Registration with the Commercial Board for granting RJ for rural producers.
By: Vitor Ferrari and Ivan Kubala As stipulated in the Brazilian legal system, the entrepreneur who wishes to obtain approval for the judicial recovery process for his company must, mandatorily, respect certain prerequisites, among which are: regularly exercising, up to the time of the request, his activities for at least 2 years; and be duly registered with the […]
Important information about CADE and an example of its performance in market competition
By: Leonardo Neri Administrative Council for Economic Defense “CADE”, what is this agency that has been gaining an ever-increasing space in the legal world? Initially, it is important to clarify that it is an agency that is responsible for investigating and deciding on possible anti-competitive conduct, understood as those conducts adopted by an economic agent that may cause […]
Cram Down
By: Vitor Ferrari and Ivan Kubala Created by American law and included in Chapter 11 of the USC, the Cram Down is an institution that grants the judge responsible for the judicial reorganization process the power to approve the judicial reorganization plan prepared by the debtor, even if some creditors oppose the proposed guidelines. Therefore, […]
Bad faith and due diligence
By: Antonio Mazzucco and Luiz Gustavo Doles When making any type of acquisition, the buyer must take precautions to avoid future disputes about the validity of the transaction. To this end, it is necessary to conduct a process of analyzing the documentation related to the object being purchased and the seller, […]
Judicial Recovery of Lojas Americanas and its Stakeholders
By: Vitor Ferrari and Ivan Kubala After a thorough accounting analysis of Lojas Americanas' economic indicators, the team of the company's then-new CEO, Sérgio Rial, discovered a fiscal deficit of approximately R$1.4 billion, a figure far greater than the company's total net worth, which is around R$1.4 billion. According to the […]
STF resumed the trial on the discussion of res judicata in tax matters
On February 2, 2023, the Supreme Federal Court (“STF”) resumed the trial of two extraordinary appeals with general repercussion, RE 955227 (Theme 885) and RE 949297 (Theme 881), which discuss the limits of res judicata in tax matters. The STF formed a majority in the sense that the effects of […]
Means of negotiation in Judicial Recovery – Haircut
By: Vitor Ferrari and Ivan Kubala Upon having its judicial reorganization granted by the competent court, the Company Under Reorganization must submit its Judicial Reorganization Plan to the creditors authorized in the proceedings. This document will contain the means and tactics to be used by the debtor to ensure payment of debts during the proceedings, which may […]
Difal: trial will be restarted at the STF and resumed in the physical plenary on April 12
On January 24, the trial of ADIs 7066, 7070 and 7078 was included in the trial agenda of the physical plenary session of the Federal Supreme Court (STF) for April 12, 2023. We remind you that the actions discuss the start of the collection of the ICMS tax rate differential (DIFAL), which is charged […]
Brief summary of the “indirect termination” institute
By: Rafael Mello and Ellen Souza Indirect termination is a form of termination of the employment contract initiated by the employee and occurs when the employer commits serious breaches in relation to its legal and contractual obligations, that is, the employee is subjected to situations that make the continuation of the employment relationship unsustainable. […]
Injunction obtained by CIESP prevents an increase in PIS and COFINS rates on financial income.
On January 18, 2023, the judge of the 11th Federal Civil Court of the Judicial Sub-Section of São Paulo granted the preliminary injunction requested by the Center of Industries of the State of São Paulo (CIESP) so that associated companies can collect PIS and COFINS contributions on financial income with reduced rates of […]